For many couples, the toughest question isn’t about the house or the bank accounts - it’s about the family pet. Who gets the dog in a divorce is one of the most common and emotional disputes people face during separation.
Pets are often loved like family members, but the law has traditionally treated them very differently. In Australia, animals have been considered property, much like furniture or a car. That means courts would historically decide ownership based on financial contribution: who paid for the dog, or whose name is on the registration papers.
Are Pets Considered Property in Australia?
Ever wondered are pets considered property in Australia? According to the Family Law Act the short answer is yes. Legally, they still fall into the same category as other possessions in a property settlement. But while the law categorises them as assets, the reality is that pets are rarely treated like inanimate objects in practice.
For example, consider a couple who bought a dog together. One partner might have covered the purchase price, but the other might have been the one feeding, walking, and caring for the animal day-to-day. In situations like these, the court has discretion to look beyond receipts and paperwork. They may consider who has been the primary caregiver and what arrangement serves the pet’s welfare.
How Can I Legally Get My Dog Back From My Ex in Australia?
Disputes about pets can get heated, especially when emotions are raw. It’s not unusual for one partner to keep the dog after separation, leaving the other asking, how can I legally get my dog back from my ex in Australia?
The first step is negotiation. Many couples resolve pet disputes through agreement, sometimes with the help of mediation. If agreement isn’t possible, the issue can be raised in property settlement proceedings. The court will weigh factors such as ownership documents, contributions to the pet’s care, and living arrangements. For example, a judge may consider whether one partner’s housing situation is suitable for a pet or whether they work long hours that prevent them from providing care.
Importantly, the court will not create “shared custody” arrangements for pets in the same way it does for children. While some separating couples agree privately to share time with their dog or cat, legally, the court will assign ownership to one person.
What Is the Family Law Amendment for Pets?
The legal landscape is beginning to shift. Recent reforms reflect the growing recognition that pets are more than property. So, what is the family law amendment for pets? From 2025, changes to the Family Law Act will give courts clearer guidance to consider the welfare of pets when making decisions in property settlements.
This means judges can look at who has been responsible for caring for the pet and what arrangement best supports the animal’s wellbeing, rather than relying solely on financial records. It doesn’t elevate pets to the same legal status as children, but it is a step toward acknowledging their importance in families.
For separating couples, this signals a more balanced approach. The law is catching up with the emotional reality that pets are often part of the family, not just part of the property pool.
Disputes over pets in separation are rarely just about legal ownership - they are about love, attachment, and routine. For anyone asking who gets the dog in a divorce, the answer will depend on a mix of financial contributions, caregiving responsibilities, and now, new reforms under the Family Law Amendment Act.
Whether you’re wondering are pets considered property in Australia, searching how can I legally get my dog back from my ex in Australia, or trying to understand what is the family law amendment for pets, it’s clear that pets are no longer an afterthought in property settlements. They’re a central part of the conversation, and the law is beginning to reflect that.
